BROADCASTING ACTDirection to the CRTC (Ineligibility to Hold Broadcasting Licences) ORDER ISSUING A DIRECTION TO THE CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION RESPECTING INELIGIBILITY TO HOLD BROADCASTING LICENCES [Short Title] 1. This Order may be cited as the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences). [Interpretation] 2. For the purposes of this Order, "agent of Her Majesty in right of any province" means any agent of Her Majesty in that right, but does not include municipal governments, an independent corporation or an independent carrier; (mandataire de Sa Majesté du chef d'une province) "independent carrier" means a corporation that is either a Canadian carrier within the meaning of the Telecommunications Act that is owned by Her Majesty in right of any province, that was operating on August 6, 1996 and that continues to be operated as a Canadian carrier, or a subsidiary corporation of the Canadian carrier, where (a) the Commission determines that the corporation is not directly controlled by Her Majesty in right of any province, and (b) without limiting the generality of paragraph (a), the corporation enjoys freedom of expression and journalistic, creative and programming independence in the pursuit of its objects and in the exercise of its powers; (entreprise indépendante) "independent corporation" means a corporation that the Commission is satisfied is not directly controlled by Her Majesty in right of any province or by a municipal government and that is designated by statute or by the lieutenant governor in council of a province for the purpose of broadcasting the following types of programming, namely,
"municipal governments" means any municipal or public body empowered to perform a function of government in a province; (administration municipales) "provincial authority" means such person, body or authority as may be designated by the lieutenant governor in council of a province as the provincial authority for that province for the purposes of this Direction. (autorité provinciale) [Direction] 3. The Commission is hereby directed that, on and after June 27, 1985, broadcasting licences may not be issued and renewals of broadcasting licences may not be granted to applicants of the following classes:
4. Where, in respect of an application for a broadcasting transmitting undertaking licence principally for the purpose of retransmission of programming or a broadcasting receiving undertaking licence, or a renewal thereof, applied for by an applicant of the class described in paragraph 3(c) or by any person that, in the opinion of the Commission, is controlled by a municipal government, the Commission is satisfied that
the Commission may, notwithstanding section 3, issue a broadcasting transmitting undertaking licence principally for the purpose of retransmission of programming or a broadcasting receiving undertaking licence, or grant a renewal thereof. 5. Nothing in this Direction shall be construed as limiting the power of the Governor in Council to direct that broadcasting licences may not be issued and amendments or renewals of broadcasting licences may not be granted to applicants of a class other than a class described in section 3 or as limiting the power of the Commission, in carrying out its objects, to refuse to issue a broadcasting licence or to grant an amendment or renewal of a broadcasting licence to an applicant of a class other than a class described in section 3. Date modified: 2005-05-05 |
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